Why to Consider Filing for Chapter Thirteen to Stop Foreclosure
Filing for bankruptcy can sometimes be an effective way to stop foreclosure. The type of bankruptcy you need to file if you want to have any chance at saving your home is chapter thirteen bankruptcy reorganization. This is the only type of bankruptcy that will allow you to keep your home. Filing for bankruptcy under chapter seven will only discharge your debts, not let you reorganize them.
For people who are having trouble paying their monthly payments, bankruptcy reorganization allows the possibility of restructuring debt with new terms so that the resulting payments are more manageable. Chapter thirteen bankruptcy does not help people who have more debts than they can ever hope to repay. You must be able to present a realistic plan for repaying your debts within a reasonable time period.
When you file for reorganization under chapter thirteen, the foreclosure process on your home will be halted, at least temporarily. This can buy you some time to work out another plan for saving your home. For example, if you have a buyer but need more time for them to close. However, keep in mind that even if your plan succeeds, you are going to end up with a bankruptcy filing on your credit report in addition to the foreclosure action that is already there.
If you end up with both a home foreclosure and a chapter thirteen bankruptcy on your credit, it will really reduce your chances of getting a loan in the future. It is best to have as few negative marks as possible on your credit report. That is especially true of the biggest negatives - bankruptcy, foreclosure and eviction.
Since bankruptcy reorganization is one way that someone facing foreclosure has a shot at keeping their home, it is worth taking a look at if you are in that situation. If you qualify for bankruptcy reorganization and can come up with a plan that is acceptable to the court for paying back your debts, you may be able to stay in your home.
One of the major pitfalls of reorganization is the danger of falling behind on payments again. Bankruptcy is your last chance. If you decide to go this route, you must be careful to stick to your plan. Any deviation could put you right back into bankruptcy court, this time to force the sale of your assets. If you set up a reorganization plan, be sure that you will be able to follow through on it. Don’t agree to payments you aren’t going to be able to keep up with.
A reorganized payment plan is not guaranteed when you enter chapter thirteen bankruptcy. The judge may determine that you are unable to pay off your debts and refuse your plan. It is a good idea to discuss your case with a good bankruptcy attorney before deciding to proceed with chapter thirteen bankruptcy. An experienced attorney will have a pretty good idea of how likely you are to be able to reorganize your debts under chapter thirteen.
Chapter thirteen does not help everyone. In fact, it can make things worse if you are unable to keep up with the reorganized debt payments. You should always do plenty of research before making a major financial decision, and this is no different. Learn all you can about bankruptcy and foreclosure before deciding whether chapter thirteen bankruptcy is the right choice for you.
No person on the planet needs to lose their house. This is why there are so many folks looking for a way to Stop Foreclosure. If you are one of them, you may want to look for Foreclosure Help.